DHARAM PAL versus STATE OF HARYANA AND ORS.

DHARAM PAL versus STATE OF HARYANA AND ORS.

Impugned judgment of the High Court was set aside based on precedents holding that exclusion of structures for acquisition must be consistent, and the State is directed to consider objections of appellant regarding exclusion of land occupied by residential structures constructed prior to Section 4(1) notification.

Source-derived case information.

Parties
Appellant: Dharam Pal; Respondent: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
15 December 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal disposed of. High Court judgment set aside. Directions issued to State authorities.
Legal Topics
Notifications Under Sections 4 and 6, Challenge to Acquisition, Residential Structures Exclusion
Land Acquisition Notifications Under Sections 4 and 6 Challenge to Acquisition Residential Structures Exclusion

Source-derived case record

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Parties

Dharam Pal

Appellant

State of Haryana and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the State's acquisition process was arbitrary in excluding structures of similarly situated persons.
  2. 2 Whether residential structures constructed prior to Section 4(1) notification and actually inhabited by the appellant should be excluded from acquisition.

Ratio Decidendi

Impugned judgment of the High Court was set aside based on precedents holding that exclusion of structures for acquisition must be consistent, and the State is directed to consider objections of appellant regarding exclusion of land occupied by residential structures constructed prior to Section 4(1) notification.

Court Disposition

Appeal disposed of. High Court judgment set aside. Directions issued to State authorities.

Orders

  • The Secretary, Urban Estates Department, State of Haryana is directed to consider the appellant's objections regarding exclusion of land occupied by the structure and appropriate open area for beneficial enjoyment, subject to requirements for civic amenities.
  • Authorities to determine existence and extent of structures made prior to Section 4(1) notification.